What are the criteria for obtaining an Investor Visa in the United States?
As a lawyer, I can provide legal advice on the criteria for obtaining an Investor Visa in the United States. An Investor Visa, also known as an EB-5 Visa, is a pathway to obtain permanent residency in the United States by making a significant investment in a new commercial enterprise.
The following are the criteria required to obtain an Investor Visa:
- Investment Amount: The investor must make a minimum investment of $900,000 (if the investment is made in a Targeted Employment Area) or $1.8 million (if the investment is made outside of a Targeted Employment Area) in a new commercial enterprise.
- New Commercial Enterprise: The investment must be made in a new commercial enterprise, which can be a sole proprietorship, partnership, or corporation. The enterprise must have been established after November 29, 1990, or if it was established before this date, the investment must result in a 40% increase in the net worth or number of employees.
- Job Creation: The investment must create at least ten full-time jobs for U.S. workers within two years of the investor's admission into the United States. These jobs must be direct jobs, meaning they are held by employees of the enterprise, and not indirect jobs created in the community.
- Lawful Source of Funds: The investor must demonstrate that the investment funds have been obtained through lawful means. The investor must provide evidence of the source of the funds, such as tax returns, bank statements, or financial records.
- Active Management: The investor must play an active role in managing the new commercial enterprise. This does not mean that the investor must be involved in the day-to-day business operations, but they must have a policy-making role in the enterprise.
It is important to note that the process of obtaining an Investor Visa can be complex and time-consuming. It is recommended to consult with an experienced immigration attorney to ensure the application is properly prepared and submitted to increase the likelihood of approval.
In conclusion, to obtain an Investor Visa in the United States, the investor must make a significant investment in a new commercial enterprise, create at least ten full-time jobs, demonstrate the source of funds, and play an active role in managing the enterprise.